Natural gas heating could become a constitutional right in Colorado 

An effort is underway in Colorado that would amend the state’s constitution and grant consumers the legal right to purchase natural gas to heat their homes. 

What’s happening: Advance Colorado, a conservative nonprofit, has written a ballot measure called the “Right to Natural Gas,” and in late June submitted its petition to the Secretary of State’s office, aiming to get it in front of voters this November. 

• The measure, just 60 words in total, would add a new section to the Colorado Constitution, including that “Consumers have the right to purchase natural gas” for heating in homes and businesses, and “Producers and utilities have the right to sell natural gas to homes and businesses.”

The big picture: The initiative reflects an ongoing push-pull over the banning of natural gas appliances, including HVAC equipment, in newly constructed homes across the U.S., as Homepros has reported. 

Zoom in: The measure’s length and lack of detail make it difficult to predict how state agencies would implement it if it passes, as well as how it would impact existing efforts to wean the state off of natural gas. 

• Over the past five years, some municipalities throughout Colorado have adopted building codes that require heat pumps in new buildings, Inside Climate News noted Monday, including Boulder and the town of Crested Butte. 
• Advance Colorado didn’t return a request for comment. 

State of play: Roughly 70 percent of Colorado homes use natural gas as their primary heating source, according to an April report published by Advance Colorado, which argued that “burdensome” regulation places hidden costs on consumers and called on the state to protect the right to energy choice. 

• “The reasons natural gas remains the primary energy source in Colorado are clear,” the report states. “Natural gas is one of the cleanest energy sources available today, and its reliability and affordability is unmatched.”

The other side: Advance Colorado’s ballot measure is “overly broad, lacks clarity and could upend years of work to craft durable policy that advances our goals of better air quality, more affordable transit and cleaner energy,” Colorado House Speaker Julie McCluskie said in a statement. 

• “Really, it’s just a cynical attempt to lock fossil fuel industry profits into the state constitution,” said Kelly Nordini, CEO of nonprofit Conservation Colorado. “That’s bad for people’s pocketbooks, for clean air, for clean water; it has no provisions for public health or safety.”

Between the lines: While other states have taken similar actions to preserve energy choice, “This would be the first constitutional amendment to provide a right to a particular fossil fuel,” according to Columbia University’s Michael Burger. 

Looking ahead: Advance Colorado’s petition collected 200,000 signatures, according to the Colorado Springs Gazette. The Secretary of State’s office now has until August 21 to determine whether at least 124,000 of them are valid, the minimum requirement to make the November ballot. 

• If it qualifies, the measure would need 55 percent of the vote to become part of the state’s constitution.